Code of Alabama

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35-12-72
or its agent. c. Property not subject to paragraphs a. or b. within two years of the distribution
shall remain reportable under other sections of this article. (12) Property received by a
court as proceeds of a class action, and not distributed pursuant to the judgment, one year
after the distribution date. (13) Property held by a court, government, governmental subdivision,
agency, or instrumentality, one year after the property becomes distributable. (14) Wages
or other compensation for personal services, one year after the compensation becomes
payable. (15) Deposit or refund owed to a subscriber by a utility, one year after the deposit
or refund becomes payable. (16) Any check, warrant, debit card, or other payment instrument
drawn on or issued by the State of Alabama, outstanding and unpaid within the time frame allowed
under Section 41-4-60. (17) Gift certificate, other than those exempt under Section 35-12-73,
three years after June 30 of the year in which the certificate was...
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11-47-218
own name in civil actions and to defend actions against it. (3) To adopt and make use of a
corporate seal and to alter the same at pleasure. (4) To adopt, alter, and repeal bylaws,
regulations, and rules, not inconsistent with this article or its certificate of incorporation,
for the regulation and conduct of the affairs and business of the authority. (5) To acquire,
receive, take, and hold, whether by purchase, gift, lease, devise or otherwise, property of
every description, whether real, personal or mixed, and to manage the property and
to develop any undeveloped property owned, leased, or controlled by it. (6) To borrow money
and to sell and issue bonds for any corporate use or purposes. (7) To acquire, whether by
gift, purchase, transfer, foreclosure, lease, or otherwise, to construct and to expand, improve,
operate, maintain, equip, and furnish one or more projects, including all real and personal
properties that its board may deem necessary in connection therewith. (8) To lease...
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11-50-314
(whether or not such system or systems were in existence and whether or not such system or
systems were privately owned prior to acquisition by such corporation and whether such system
or systems are located within or without or partly within and partly without the limits of
the municipality which authorized the organization of such corporation or within the limits
of another municipality) and to receive, acquire, take, and hold, whether by purchase, gift,
lease, devise, or otherwise, real, personal, and mixed property of any nature whatsoever
that its board of directors may deem a necessary or convenient part of such system or systems;
(5) To borrow money for any corporate function, use, or purpose and to issue in evidence of
the borrowing interest-bearing bonds payable solely from the revenues derived from the operation
of any one or more of its systems (regardless of the system or systems for the benefit of
or with respect to which such borrowing may be made); (6) To pledge for...
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43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except
as restricted or otherwise provided by the will or by an order of court and subject to the
priorities stated in Section 43-8-76, a personal representative, acting prudently for
the benefit of the interested persons, may properly: (1) Retain assets owned by the decedent
pending distribution or liquidation including those in which the representative is personally
interested or which are otherwise improper for trust investment. (2) Receive assets from fiduciaries,
or other sources. (3) Perform, compromise, or refuse performance of the decedent's contracts
that continue as obligations of the estate, as the personal representative may determine
under the circumstances. In performing enforceable contracts by the decedent to convey or
lease land, the personal representative, among other possible courses of action, may
do either of the following: a. Execute and deliver a deed of conveyance for cash...
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11-89A-8
to defend suit against it; (3) To adopt and make use of a corporate seal and to alter the same
at pleasure; (4) To adopt, alter, and repeal bylaws, regulations, and rules, not inconsistent
with the provisions of this chapter, for the regulation and conduct of its affairs and business;
(5) To acquire, whether by gift, purchase, transfer, foreclosure, lease, or otherwise, to
construct and to expand, improve, operate, maintain, equip, and furnish one or more facilities,
including all real and personal properties that its board may deem necessary in connection
therewith, regardless of whether or not any such facility shall then be in existence and,
if in existence, regardless of whether or not any such facility is then owned or leased by
any person to which such facility may subsequently be sold or leased by such authority; (6)
To borrow money and to sell and issue bonds as hereinafter provided for any corporate use
or purpose; (7) To lease to any person or persons all or any part of any...
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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (3) To adopt and make
use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for
the regulation and conduct of its affairs and business; (5) To acquire, receive, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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8-9A-5
Section 8-9A-5 Transfers fraudulent as to present creditors. (a) A transfer made by a debtor
is fraudulent as to a creditor whose claim arose before the transfer was made if the debtor
made the transfer without receiving a reasonably equivalent value in exchange for the transfer
and the debtor was insolvent at that time or the debtor became insolvent as a result of the
transfer. (b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose
before the transfer was made if the transfer was made to an insider for an antecedent debt
and the debtor was insolvent at that time and the insider had reasonable cause to believe
that the debtor was insolvent. (Acts 1989, No. 89-793, p. 1585, §5.)...
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8-9B-6
Section 8-9B-6 Transfer voidable as to present creditor. (a) A transfer made by a debtor is
voidable as to a creditor whose claim arose before the transfer was made if the debtor made
the transfer without the debtor receiving a reasonably equivalent value in exchange for the
transfer and the debtor was insolvent at that time or the debtor became insolvent as a result
of the transfer. (b) A transfer made by a debtor is voidable as to a creditor whose claim
arose before the transfer was made if the transfer was made to an insider for an antecedent
debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe
that the debtor was insolvent. (c) Subject to Section 8-9B-3(b), a creditor making a claim
for relief under subsection (a) or (b) has the burden of proving the elements of the claim
for relief by a preponderance of the evidence. (Act 2018-163, §1.)...
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8-9B-5
Section 8-9B-5 Transfer voidable as to present or future creditor. (a) A transfer made by a
debtor is voidable as to a creditor, whether the creditor's claim arose before or after the
transfer was made, if the debtor made the transfer: (1) with actual intent to hinder, delay,
or defraud any creditor of the debtor; or (2) without receiving a reasonably equivalent value
in exchange for the transfer, and the debtor: (i) was engaged or was about to engage in a
business or a transaction for which the remaining assets of the debtor were unreasonably small
in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably
should have believed that the debtor would incur, debts beyond the debtor's ability to pay
as they became due. (b) In determining actual intent under subsection (a)(1), consideration
may be given, among other factors, to whether: (1) the transfer was to an insider; (2) the
debtor retained possession or control of the property transferred after...
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8-9A-4
Section 8-9A-4 Transfers fraudulent as to present and future creditors. (a) A transfer made
by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after
the transfer was made, if the debtor made the transfer with actual intent to hinder, delay,
or defraud any creditor of the debtor. (b) In determining actual intent under subsection (a),
consideration may be given, among other factors, to whether: (1) The transfer was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer was disclosed or concealed; (4) Before the transfer was made the debtor had
been sued or threatened with suit; (5) The transfer was of substantially all the debtor's
assets; (6) The debtor absconded; (7) The debtor removed or concealed assets; (8) The value
of the consideration received by the debtor was reasonably equivalent to the value of the
asset transferred; (9) The debtor was insolvent or became insolvent...
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